Always Putting The Best
Interests Of The Client First

The difference between legal separation and divorce

On Behalf of | Jun 22, 2023 | Divorce, Legal Separation

If you’re having a challenging time with your spouse and considering a divorce in California, you might want to legally separate first. This option is a category between marriage and divorce that you can use to work on your differences. Understanding your choices is essential, especially if you have children, many assets and debts.

Using an informal separation to take time off or end your relationship

When you’re having troubles in your relationship, it may be best to utilize an informal separation. Doing so gives you time apart without delving into any legal areas. Choosing this option may be appropriate if your relationship is relatively new. Creating a written separation agreement, which can act as a contract between both of you, is advisable if you choose this option.

Legal separation can help when you or your spouse wants to follow religious guidelines

In some religions, getting divorced is unrecognized or forbidden. If you’re having trouble staying together in your marriage, using a legal separation may be an ideal solution. This action lets you both live separate lives and still stay married. With it, you can establish individual property, financial and custody rights.

Divorce is the final step

While a divorce can legally split your debts and assets and provide custody rights, it ends your marriage. With a legal separation, your relationship isn’t over. There are a number of advantages to legally separating over getting divorced , which include the following:

  • With a legal separation, one of you may be able to stay on the other’s health insurance program
  • Staying married may allow one spouse to receive a share of the other’s pension or Social Security benefits
  • Being legally married can allow your spouse and you to file joint tax returns, which may be more beneficial than filing separately

Weighing the options of legal separation and divorce is crucial. Doing so lets you examine the financial, religious and emotional consequences between the two.